The Discussion Of The Crime Of Leaking State Secrets Intentionally

With the rapid economical development, we place great emphasis on the protection of state secrets. However, as no consensus has been reached on the understanding of the Crime of leaking state secrets intentionally among the Criminal Law Circles yet, and no judicial interpretation has been issued by the Standing Committee of the National People's Congress and the Supreme People's Court after the adoption of the"Criminal Law"in 1997, courts in different places have different views on conviction and sentencing penalty , which make the justice practice in a mess.This Article, based on the existed theories, the various problems in the justice practice, as well as some advanced provisions on this crime from other states , is composed of three Chapters which discuss the Definition, the Constitutive Requirements and Relative Problems in the Justice Practice of the Crime of leaking state secrets intentionally respectively.Chapter 1: Summarization of the Crime of leaking state secrets intentionallyThis Chapter lays heavy stress on discussing the provisions of foreign countries on this Crime and point out their advantages through reasonable analysis. Meanwhile, for the purpose of explicating that our country placed great emphasis on protecting state secrets even from ancient times, this Chapter also briefly introduces the provisions of our country on the Crime of leaking state secrets intentionally from Qin dynasty and Han dynasty to the period of the Republic of China, of which the provisions stipulated by Tang Dynasty were especially perfect, and provided helpful reference to the"Criminal Law"in force. Finally, this Chapter introduces the provisions on this crime which were made after the founding of the People's Republic of China, and lays heavy stress on discussing the improvements of the"Criminal Law"which was adopted in 1997 compared with the one adopted in 1979. By discussing the Crime of leaking state secrets intentionally, this Article demonstrates the importance of protecting state secrets and the necessary of improving the provisions of the applicable"Criminal Law".Chapter 2: The Constitutive Requirements of the Crime of leaking state secrets intentionallyThis Chapter lays heavy stress on discussing four Constitutive Requisitions of this Crime, including the objective requisition, subject, object and subjective requisition, and demonstrates the importance of a correct conviction of this crime for fighting this crime. By analyzing the Constitutive Requisitions both in theory and in practice, this Chapter intents to find common ground through various theories and forms its own attitude toward the Constitutive Requisitions of this crime in order to define this crime more correctly.Chapter 3: The Justice Conviction of the Crime of leaking state secrets intentionallyThis Chapter place great emphasis on discussing the standards of committing this crime, the difference between this crime and other relative crimes, the punishment principle as well as the definition of the attempted crime. This Chapter also points out the mistakes made in the conviction and sentencing of the Crime of leaking state secrets intentionally and proposes solutions.